General conditions

Last update: January 1st, 2020

SpiderGolf and Spider Putt are:

– mobile applications free or payable for download and executable from the iOS10 operating system of your smartphone or tablet, and (soon) from the Android system.

– a website accessible at https://www.spidergolf.fr/en-home

The present general conditions (“Conditions”, “General Conditions”) rule your relation with the mobile Applications Spider Golf and Spider Putt and the internet website https://www.spidergolf.fr/en-home (together the “Service(s)” or the “Site”) managed by Spider Golf (“us”, “our”, “ours” and the “Company”).

In order to access our Service, you have to create an account (an “Account”), read and accept those General Conditions, and, unless otherwise mentioned, subscribe to a subscription.

The French version of these General Conditions prevails in case of discrepancy with the English version.

 

Notice

 The Site is managed by SPIDER GOLF SAS, a company with a share capital of 5000€, registered in Nanterre under RCS n°830 836 425, with its headquarters located 30 AVENUE DU BOIS DE LA MARCHE, 92420 VAUCRESSON, FRANCE.

Our VAT number is FR03 830836425. You can contact us through the contact form, by writing at the following email address: support@spidergolf.fr:

Our host OVH has its headquarters located at 2 rue Kellermann – 59100 Roubaix – France


Level of Service

We strive, on the basis of an obligation of means, to permanently maintain access to the Site and to its connection to the database and we undertake to regularly carry out controls in order to verify its functioning and accessibility.

As such, access to the Site may be temporarily suspended for the purpose of maintenance, correction or updating. We do our best to limit your discomfort by scheduling them as much as possible at times of low use.

We cannot be held responsible for temporary difficulties or impossibilities of access to the Site which would arise from external circumstances, in particular disruption of telecommunications networks or defaults from our hosting providers.

 

Errors and inaccuracies

We make every effort to communicate verified information to you, but we cannot be held responsible for errors, inaccuracies, omissions or lack of availability of the information contained on the Site.

Our Services are standardized and are not subject to specific developments. Consequently, we cannot guarantee that they will exactly meet your needs and expectations, except by opting to our individualized service for analyzing your statistics and creating personalized training programs by contacting us directly at support@spidergolf.fr


Registration and account

The creation of your account requires the communication of certain information, collected and stored according to the methods detailed in our Privacy Policy.

In addition to the services offered on our Site, the creation of an account automatically subscribes you to our Newsletter.

You can access the administration area of ​​your account at any time by accessing the Settings/Profiles page of the Applications.

Your Account is purely personal and individual, in particular to guarantee the personalization and relevance of our Services. Consequently, you agree to use the Service personally and never to allow a third party to use them for you or on your behalf, unless you bear full responsibility for them.

Registration under a false name, impersonation and registration with false contact details, generic contact details or with false professional status are strictly prohibited.

We reserve the right to suspend your Account and access to the Services without compensation or reimbursement if it is proven that you violate this rule, particularly in regard of an abnormally high use of our Services.

Likewise, you are responsible for maintaining the confidentiality of your login details, and in particular your password.


Subscriptions

Spider Golf App :

You have access to a number of free services

Flash mode

– Enter your scores in record time!

– 50+ statistics to improve your game

– 40 000+ golf courses available in our database

– Game statistics on 9 or 18 holes

– Accumulate your scores and statistics on several games

– Filter your games according to the weather and playing conditions

– Game comparison mode

– Favor your favorite statistics

– Trend graphs

– Share your results

Access to the « Premium » Services is granted in return for the purchase of a Subscription.

These paid services are:

Full mode (step by step)

– This version includes Flash mode

– 400+ detailed statistics to improve your game

– Spider Practice: Practice and improve your golf with various and varied tests. Come and measure yourself against the bests with the Spider Test and share your results with your coach and friends.

-Spider Bag: Calculation of distances on all lies. All your golf shots are listed and allow you to see the evolution over time of each club in the bag

-Spider Community (Compare, view and share all your results and statistics with your friends and your coach)

We offer different types of Subscriptions, depending on the duration chosen:

A subscription for 1 year at 59.99 euros including 2 weeks of free trial

A subscription for 6 months at 39.99 euros including 2 weeks of free trial

A subscription for 1 month at 7.99 euros including 1 week of free trial

 

Spider Putt App :

– Enter your scores in record time

– 40 000+ Golf courses around the world 
- 120+ stats to improve your game

– Complete and detailed score card with putt dispersion analysis

– Green Reading and technical analysis

– Strokes gained by shots + distances


- Enhanced average stats multiple rounds


- Evolution graphs

– Personalized training sessions


- Share your results



Spider Practice

Choose between different types of training tests to improve your game. Train in a smart way, put your skills to the test and share your results with friends and coaches.

Spider Community

Compare, visualize and share tests and round analysis with friends and coaches.

Get 5 rounds and/or practice sessions for free.

*Spider Putt is available for subscription purchase:

1 year : $19.99 ($1.66/month)



• You can subscribe and pay through your iTunes Account.

• Payment will be charged to iTunes Account at confirmation of purchase

• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period

• Account will be charged for renewal within 24-hours prior to the end of the current period, at the price of the current subscription

• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase

 

Automatic renewal: after each subscription period, the contract is automatically renewed for the duration initially agreed unless you terminate it no later than 24 (twenty-four) hours before the end of the initial period. For example, if you purchased a 1-month Subscription from January 1 to 31, you can request termination until January 30, but it will not take effect until the following February 1st.

In the absence of termination within the time required above, your subscription is automatically renewed for the same duration.

When our Service is managed by the Apple App Store online platforms (via an iTunes account) or Google Playstore (hereinafter the “Platform(s)”), you can manage your subscription and deactivate automatic renewal by going in the settings of your account on the platform and/or of your operating system.

For all Subscriptions, paid services are activated upon receipt of payment of the total amount due according to the chosen Subscription.

The amount invoiced for a Subscription is payable in full at the conclusion of the contract. For example, if you subscribe for a period of three (3) months, you will be debited from the entire amount corresponding to the time of subscription.

Subscriptions are payable in a secure manner according to the payment methods provided and imposed by the platforms used via your operating system.

The latter are solely responsible for the payment terms and the payment process in which we are not intended to intervene in accordance with the conditions imposed by the platforms. Bank data is collected directly by the platforms and are not subject to any collection or processing by us.

You will be required to provide certain necessary information, including and without limitation, your credit card number, the expiration date of your credit card, your billing address, and your delivery address.

In order to ensure complete and up-to-date information, you must consult the general conditions of the platforms used. These are in particular accessible via the links below:

You agree to provide accurate and truthful information, and to keep it up to date through the administration page of your Account.

You agree to take the necessary measures so that the automatic withdrawal of the price of the Services can be carried out and inform us of any modification to the information communicated during your subscription request, in particular the billing details, bank references or bank card number.

We reserve the right, at our sole discretion, to propose promotional offers or price reductions, but also to revise the price.

We will notify you of any changes at least thirty (30) days before the new rates come into force. These new rates will only apply to the renewal of your Subscription.

You remain free to terminate your Subscription at the end of the chosen period if you do not accept the price change. Otherwise, you are deemed to have accepted the new rates.

In no case can our responsibility be sought if you realize that our Services do not meet your needs or if you stop using them or if you no longer have the equipment or technical means necessary to connect or use it .


Free trial

When the Subscription offer as specified on the Site includes a free trial period, then no direct debit will be made before the end of it and the direct debit under this Subscription, for the period considered, will only be carried out after the end of the free trial period unless in case of termination not later than the last day of the trial period.

If you do not wish to be billed for this Subscription, you must terminate it before the end of the trial period via your platform.

 


Termination

Subscriptions cannot be canceled before the expiration of the period for which they were taken and are not refundable.

Any termination or un-subscription must be made directly to the Platform used via your operating system, or to the address « support@spidergolf.fr ».

In accordance with article L.215-4 of the French ‘Code de la consummation’ (Consumer Code), the provisions of articles L.215-1 to L.215-3 and L.241-3 are fully reproduced in the contracts for the provision of services to which they apply.

Article L.215-1 of the French ‘Code de la consommation’: For service contracts concluded for a fixed period with a tacit renewal clause, the professional service provider informs the consumer in writing, by registered letter or dedicated email, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of the renewal, of the possibility of not renewing the contract which it concluded with a clause of tacit renewal. This information, delivered in clear and understandable terms, mentions, in an apparent box, the deadline for non-renewal.

When this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time from the renewal date. Advances made after the last renewal date or, in the case of open-ended contracts, after the date of transformation of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination, after deduction of the sums corresponding, up to this one, for the performance of the contract.

The provisions of this article apply without prejudice to those which legally submit some contracts to special rules with regard to consumer information.

Article L. 215-2 of the French Code de la consommation: The provisions of this chapter do not apply to operators of drinking water and sanitation services.

Article L. 215-3 of the French Code de la consommation: The provisions of this chapter are also applicable to contracts concluded between professionals and non-professionals.

Article L. 241-3 of the French Code de la consommation: When the professional has not proceeded to reimbursement under the conditions provided for in Article L.215-1, the amounts due are earning interest at the legal rate.

If you are a consumer, we remind you that, in accordance with articles L.221-21 et seq. of the same Code de la consommation, the right of withdrawal can no longer be exercised for the supply of digital content not supplied on a material medium whose execution started after express prior agreement, materialized upon your payment for the Services.


Content

The illustrations on the Site have no contractual value.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other materials (« Content »).

You remain solely responsible for the Content that you publish, including its legality, reliability, relevance and use, in the event of sharing, by the other users of the Site.

The publication of content that is offensive, indecent, inciting to racial violence or hatred and generally contrary to morality and public order constitutes serious misconduct.

You accordingly agree and guarantee to publish only copyright-free material, respecting the rights of third parties or other users, whether in terms of privacy, publicity rights, copyright, contractual rights or any other rights.

You allow us to use any image and information so posted online as part of our Services.

Our Service cannot be held responsible for the Content that you have published.

Any violation of the provisions of this article may justify the immediate termination of your Account and of your Subscription, without refund.


Intellectual property

Our Service and its original content (to the exclusion of Content provided by users), its options and features are and will remain the exclusive property of Spider Golf and its licensors.

None of the elements of our Site or of our Services may, in whole or in part, be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or operated in any other way, free of charge or against payment, by you or by a third party, whatever the means and/or the supports used, whether known or unknown to date, without our prior express written authorization on a case by case basis.

You remain solely responsible for any unauthorized use and/or unauthorized exploitation. Any partial or total representation, reproduction, adaptation or exploitation of the Site and applications, its content, its Services by any means whatsoever, without the prior, express and written authorization of Spider Golf is liable to constitute an infringement within the meaning of the French ‘Code de la propriété intellectuelle’ (intellectual property code).

Access to the Site does not constitute recognition of a right and, in general, does not confer any intellectual property right relating to any of its elements, whatever they may be, which remain which remain our exclusive property.

Any violation of the provisions of this article may justify the immediate termination of your Account and of your Subscription, without refund.


Unfair competition

It is formally prohibited to design a product similar to our Site or to create a derivative thereof, and more broadly to be guilty of parasitism, acts of imitation, denigration or any other act constituting unfair competition.


Links the other websites

The Service may provide links to third party websites or services that are not owned or controlled by Spider Golf.

Spider Golf has no control and assumes no responsibility for the content, privacy policies, or practices of third party sites.

You acknowledge and agree that Spider Golf cannot be held responsible, directly or indirectly, for any damage or loss caused or presumed to have been caused by or in connection with the use of or any action on the strength of such content, products or services available on or through such sites and services.

We recommend that you carefully read the terms and privacy policies of any third-party website or service you use.


Exclusion of liability

Unless otherwise provided by law of public order, the Company cannot be held liable in the following cases:

  • Technical or computer failure of your hardware, lack of compatibility of the Site with any hardware or software;
  • The occurrence of direct or indirect, material or immaterial, foreseeable or unpredictable damage resulting from the use or difficulties of using the Site or the Services;
  • Lack of reliability or lack of security of information circulating on the Internet;
  • Unauthorized use of the Site, without us having become duly aware of it

The User is exclusively responsible for:

  • the protection of its hardware and data;
  • the use he makes of the Site or its Services;


Applicatble laws

These General Conditions of use and sale are governed, interpreted and applied in accordance with French laws. To the exclusion of its conflict of law rules.

In the event of a dispute arising over the performance, termination or the conditions of this contract, the parties will first endeavor to settle their dispute amicably.

If you are an individual, you may in particular have recourse to free conventional mediation, with existing sectoral mediation bodies whose references appear on the site https://www.medicys-consommation.fr/

In the event of legal action, the dispute will be subject to French law and to the jurisdiction of the Versailles Juridical Court or, failing that, of the French court with territorial jurisdiction.


Updates

We reserve the right to modify, update or evolve these General Conditions at any time.

All changes will take effect as soon as they are published on the Site and will be applicable to any new registration or new subscription.

They will have no impact on subscriptions made on the Site prior to their publication, which subscriptions will remain subject to the General Conditions as accepted by the User when subscribing.


Contact information

For any question related to the present General Conditions, please contact us at “support@spidergolf.fr”